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General Conditions

Terms of Service

 

Disclosure acc. §5 ECG:

Sensoleo e.U.

Daniel Fuchs

 

Address: Pfarrhof 47, 4092 Esternberg

Telephone: + 43 680 141 2189 Email: office @ sensoleo.at

UID: ATU 71995237

Managing Director Daniel Fuchs

Register: FN: 473139v

Trade authority: BH Schärding

 

(Hereinafter referred to as “seller” for short).

 

1 scope

 

1.1 These general terms and conditions ("GTC") and the rights of withdrawal and consequences of withdrawal for consumers regulated under Item 8 apply - unless expressly agreed otherwise - to the conclusion of contracts between the seller and the customer. This regardless of whether such a contract is concluded online via our website www.sensoleo.at or offline in our branch. For legal transactions with entrepreneurs, the provisions in Section II also apply.

1.2 By submitting his contractual declaration (see section 1.4), the customer accepts these terms and conditions. Contracts can only be concluded under these conditions. We must expressly agree to deviating, conflicting, restrictive or supplementary terms and conditions and regulations of the customer so that they become part of the contract in individual cases. In particular, acts of performance of the contract on our part do not constitute consent to any conditions that differ from our terms and conditions.

1.3 If several contracts are concluded at different times, the version of the General Terms and Conditions that is valid at the time of submitting the contract declaration (see Section 1.4) by the customer and published or displayed by us becomes part of the contract. Several contracts concluded with a specific customer do not establish a continuing obligation or any other claim to a new contract of sale without an express written agreement of a framework contract.

1.4 Conclusion of contract

1.4.1 The presentation of our products on our website or in our branches is not an offer in the legal sense. The offer is made exclusively by the customer as shown in point 1.4.3.

1.4.2 The customer's offer is made in our branches by handing over the goods to the cashier and paying for them. We accept such an offer by accepting the purchase price and handing over the goods.

1.4.3 The customer's offer is made on our website by ordering the item. The customer's offer becomes binding for him when he clicks on the “order subject to payment” button. Please note that the customer will be sent a separate confirmation of receipt of his order after we have received his order. Such a confirmation does not yet constitute an acceptance of the offer. Our acceptance takes place only through a separate, written confirmation of order within a reasonable period, or through actual delivery of the ordered goods. A reasonable period is to be understood as a period of no more than 5 working days. We are entitled to only partially accept orders or to reject them without giving reasons. If you do not receive a message despite having entered a valid e-mail address, please contact us at office@sensoleo.at.

2 Registration on the website, website access

2.1 Before placing the first order, the customer must register on the website.

2.2 The customer must be at least 18 years of age and have full legal capacity. By sending the registration form, the customer confirms the accuracy of his information, in particular his name, age, legal capacity and address.

2.3 As a new user, you can register by entering your first and last name, email address and address, and also assign a password. Now please click on. You will then come to your account. Here you can add all the data, such as B. the billing address or a different delivery address.

2.4 The customer is responsible for keeping the access code confidential. We can only check whether an access code corresponds to a properly activated customer authorization. We are not subject to any further obligation to check. Anyone who logs in with a customer authorization released on the website and the appropriate access code is deemed to be authorized to place orders for the customer registered with it in a legally effective manner. We recommend changing the password regularly.

2.5 We are not liable for the uninterrupted functioning of the website. We are entitled at any time, even without prior notice, to carry out work on the website that results in a shutdown / interruption. We are also not obliged to provide a specific server capacity, so that overloads and longer response times must be expected.

3 Prices, delivery and shipping costs

3.1 The prices quoted on the website are retail prices including sales tax. Any additional freight,
We will notify the consumer of delivery, shipping or other costs before submitting his offer, provided that these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, we will indicate in advance that such additional costs may be incurred before the customer submits the offer.

3.2 The provisions of the Federal Act on Fixed Prices for Books apply to book shipments.

4. Payment terms

4.1 Unless otherwise agreed in writing, our claims are to be paid in full and without deduction before delivery of the ordered products. Payment of the purchase price when purchasing via our website is possible using the following payment methods: credit card, advance invoice, payment upon collection in the store. When purchasing in our branch, the following payment methods are available: cash or ATM. The purchase price is due immediately upon our acceptance of the offer. The amount equal to the purchase price will therefore be debited from the credit card specified by the customer when choosing to pay by credit card when we accept the offer.

5 Delivery / granting of usage rights for e-books

5.1 The delivery (posting by us) for an online purchase takes place - provided the goods are in stock and nothing different is noted on the website - within 3-5 working days after acceptance of the order by email or receipt of the order Acceptance through actual delivery (point 1.4.3). The choice of the carrier is made by us to the best of our judgment, but without guarantee for the choice of the fastest and cheapest shipment.

5.2 The delivery period is determined by all circumstances independent of the will of the party, such as Cases of force majeure, unforeseeable operational disruptions, official interventions, delay in transport and customs clearance, damage in transit, rejects of important production parts and labor disputes, extended by the duration of the hindrance.

5.3 Delivery is made to the delivery address specified by the customer. Any additional costs caused by the customer providing an incorrect delivery address must be borne by the customer.

6 rights of withdrawal and withdrawal for consumers according to FAGG (6.1 to 6.8) or KSchG (6.9)

6.1 If the customer is a consumer within the meaning of the KSchG and he has concluded the contract based on these terms and conditions either as a distance contract or outside our business premises (and the fee to be paid in the latter case is more than EUR 50), he can withdraw from him until the withdraw from the deadline specified in Section

6.2 without giving reasons. This does not apply in the exceptional cases regulated in Section 6.8, under the conditions set out in Section 6.8.11. To withdraw from the contract, the customer must inform us clearly (e.g. a letter sent by post or email - see point 1) of his decision to withdraw from this contract. However, the withdrawal is not tied to any particular form. Please note, however, that we must receive the revocation in order to be effective. For this purpose, the customer can use the sample withdrawal form, which is available under the link https://www.sensoleo.at/shop_content.php?coID=3889895. 6.2 The withdrawal period is as follows:
6.2.1 In the case of purchase contracts and other contracts aimed at the purchase of goods for a fee, you can take possession of the goods or the last one within 14 days from the day on which the consumer or a third party named by him, who is not the carrier Partial shipment or the goods delivered last (Section 11 Paragraph 2 Z 2 lit a) to c) FAGG).

6.2.2 In the case of contracts for the regular delivery of goods over a specified period of time, the period is 14 days from the day on which the consumer or a third party named by him, who is not the carrier, takes possession of the goods delivered first ;

6.2.3 The withdrawal period according to Sections 6.2.1 to 6.2.3 is met if the declaration of withdrawal is sent within the period. Please note, however, that we must receive the revocation in order to be effective (the risk in the case of a postal or electronic transmission (email) lies with you).

6.3 If we have not fulfilled our duty to provide information in accordance with Section 4 Paragraph 1 Item 8 FAGG, the withdrawal period from Item 8.2 is extended by twelve months. If we meet our information obligations within this period, the withdrawal period ends 14 days after the point in time at which the consumer receives this information.

6.4 If the consumer cancels the contract, we shall have all payments that we have received from him, including delivery costs (with the exception of the additional costs resulting from the fact that the consumer uses a different type of delivery than that offered by us, has chosen cheapest standard delivery), immediately and sto be repaid at the latest within 14 days from the day on which we received notification of the cancellation of this contract. For this repayment, we use the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with him. In no case will the consumer be charged fees for this repayment. In the case of purchase contracts or other contracts aimed at the purchase of goods against payment, we can refuse repayment until we have either received the goods back or the consumer has provided evidence of the return of the goods, unless we have offered to collect the goods ourselves.

6.5 The consumer must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which he informed us of the cancellation of this contract. The deadline is met if the consumer sends the goods before the period of 14 days has expired. The consumer bears the direct costs of the return, provided that we have informed him in advance of the obligation to bear the costs for the return. The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling by the consumer that is not necessary to check the nature, properties and functionality of the goods. However, the consumer is in no way liable for the loss in value of the goods if we have not instructed him about his right of withdrawal.

6.6 If, in the case of a contract for services, the consumer has requested that these should begin during the withdrawal period, he has to pay us a reasonable amount that corresponds to the share of the up to the point in time at which the consumer stopped us from exercising the Right of withdrawal with regard to this contract, corresponds to the services already provided compared to the total scope of the services provided in the contract.

6.7 According to Section 18 (1) FAGG, the consumer has no right of withdrawal when concluding contracts on:

6.7.1 Services if we - on the basis of an express request by the consumer in accordance with § 10 FAGG and confirmation from the consumer that he is aware of the loss of the right to withdraw from the contract in the event of complete fulfillment of the contract - have started to perform the service before the expiry of the withdrawal period in accordance with § 11 FAGG and the service has then been fully provided,

6.7.2 Goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period,

6.7.3 Goods that are manufactured according to customer specifications or that are clearly tailored to personal needs,

6.7.4 Goods that can spoil quickly or whose use-by date would be exceeded quickly,

6.7.5 Goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene if the seal has been removed after delivery,

6.7.6 Goods which, due to their nature, were inseparably mixed with other goods after delivery,

6.7.7 Services in the areas of transport of goods, delivery of food and beverages and services that are provided in connection with leisure activities, provided that a specific time or period is contractually provided for the fulfillment of the contract by the entrepreneur,

6.8.1 If the agreed fee is less than EUR 50, the customer has the right of withdrawal in accordance with § 3 KSchG as follows: If the consumer has his contract declaration neither in the premises used by the entrepreneur for his business purposes, nor in one of them a stand used at a trade fair or market, he can withdraw from his contract application or from the contract. This withdrawal can be declared until the contract is concluded or within 14 days thereafter. The course of this period begins with the delivery of a document containing at least the name and address of the entrepreneur,t 14 days after the date on which the consumer receives the certificate.

6.8.2 In this case, the provisions of points 6.4 and 6.5 above apply to exercising the right of withdrawal. The template of the declaration of withdrawal from point 6.1 can be used.

6.8.3 The consumer does not have the right of withdrawal if he himself has initiated the business relationship with the entrepreneur or his agent for the purpose of concluding this contract, if the conclusion of the contract was not preceded by any discussions between the parties or their agents or in the case of contracts to whom the mutual services are to be provided immediately if they are usually closed by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the company is by its nature not operated in permanent business premises and the fee does not exceed 50 euros, in the case of contracts, which are subject to the Distance and Foreign Trade Act (in this case the right of withdrawal exists in accordance with points 6.1 to 6.8 above) or in the case of contractual declarations that the consumer has made in the physical absence of the entrepreneur, unless he has been urged to do so by the entrepreneur.

7 Reservation of Title

7.1 The goods delivered by us remain our property until all of our claims from the respective delivery have been paid in full.

7.2 The customer is obliged to treat the goods with care for the duration of the retention of title. He has to inform us immediately of all access by third parties to the goods, in particular of enforcement measures, as well as damage or destruction of the goods. In the event of negligence, the customer has to reimburse us for all damage and costs that arise from a breach of these obligations and from necessary intervention measures against third party access to the goods.

8 Warranty

8.1 The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. There is no guarantee for damage caused by improper use or treatment of the product. The same applies to normal wear and tear.

8.2 The product images on the website and / or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are deemed to be in accordance with the contract if the delivered items correspond to the other product specifications.

8.3 If the customer is a consumer within the meaning of the Consumer Protection Act, he has to check the delivered goods after receipt for completeness, correctness and other freedom from defects, in particular the intactness of the packaging, and to inform us of any defects by email to office@sensoleo.at to be announced and briefly described. This only serves to process any complaints more quickly and effectively. A violation of this obligation does not result in any restriction of the consumer's statutory warranty rights.

8.4 If the customer requests that the goods be returned to us and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment must be borne by the consumer. Defective goods are therefore only to be returned at our express request.

9 liability

9.1 We are liable for damage in accordance with the statutory provisions. However, liability for damage caused by slight negligence is excluded. This limitation of liability does not apply to damage resulting from injury to life, limb or health of people or to claims under the Product Liability Act.

10 Data protection, change of address

10.1 The personal data disclosed to us by the customer in the context of the business relationship, such as Name, address, e-mail, telephone number and delivery address are stored and processed by us. We use the data within the framework of the legal authorization to carry out the order. By activating the box for data protection consent, the customer expressly agrees that the personal data disclosed by him in the course of the conclusion of the contract (such as name, address, e-mail, telephone number and delivery address) for his own marketing purposes and thus in particular for mailings for advertising purposes by SMS and email in accordance with § 107 TKG are stored and processed. Any further transfer of personal data to third parties does not take place. Both consents can - also separately from each other - be revoked at any time (e.g. by email to office@sensoleo.at). Our company makes use of the possibility of a service provider within the framework of the legal provisions of §10 DSG 2000 who has undertaken to comply with his obligations according to §11 DSG. Neither our company nor our partners (service providers) transmit or leave data to recipients who are based outside the European Economic Area. We are obliged to comply with data security measures (§14 DSG) and data secrecy (§15 DSG).

10.2 The customer is obliged to notify us immediately of any changes to his residential or business address and contact details during an ongoing business relationship. If he fails to provide notification, declarations are also deemed to have been received if they are sent to the address last given by him.


11 Place of jurisdiction, choice of law, miscellaneous

11.1 The place of jurisdiction for all disputes arising from this contract is the competent court locally and materially for 4092 Esternberg, except in the cases according to 11.2. In this case, our authority to appeal to another court competent for the customer remains unaffected.

11.2 If our customer is a consumer and has his place of residence or his habitual residence in Austria at the time of the conclusion of the contract, or if he is employed in Austria, only the jurisdiction of the court can be established for an action against him, in whose district the residence, the habitual residence or the place of employment is.
If the customer is a consumer and, at the time of the conclusion of the contract, is resident or habitually resident in another EU member state and we practice a professional or commercial activity in the member state of the EU in whose territory the consumer is domiciled or conduct such a job at any other If this or several states, including this Member State, extend and the contract falls within the scope of this activity, the consumer's action may also be brought before the court of the place where the consumer is domiciled; proceedings against the consumer can only be brought before the courts of the Member State in whose territory the consumer is domiciled.

11.3 The substantive law of the Republic of Austria applies exclusively to the exclusion of the reference norms and the UN sales law. In the case of consumers, this choice of law only applies to the extent that mandatory provisions of the law of the state in which he has his habitual residence are not superseded.

11.4 Should individual provisions of these terms and conditions be wholly or partially ineffective, this does not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The wholly or partially ineffective regulation will only be replaced in contracts with entrepreneurs by a regulation that comes closest to the meaning and purpose of the ineffective regulation.

 

SECTION II. - Entrepreneurial Business

If a contract according to 1.1 is concluded with an entrepreneur, the following deviating provisions also apply

II / 1 Warranty: If the customer is an entrepreneur, he has to check the delivered goods after receipt for completeness, correctness and other freedom from defects, in particular the undamaged packaging. In the event of defects, he must report them within a reasonable period, but no later than four working days after receipt of the goods by email to office@sensoleo.at. Defects recognizable later must also be reported immediately, at the latest within four working days after they have been recognized. If the entrepreneur has not found and reported any defects within the notification period, the delivery is deemed to have been approved and all claims such as warranty, avoidance of errors or damages due to a later alleged deviation or defect (Section 377 UGB) are void. This also applies to any incorrect deliveries or deviations in the delivery quantity.

If the customer is an entrepreneur, it is our sole responsibility to choose the legal remedy to remedy a defect reported in good time. We are also free to change the agreement immediately.
If the customer is an entrepreneur, he has to bear the costs of returning the goods for improvement or replacement.

II / 2 liability

9.2 Customers who are entrepreneurs have to prove the existence of intent or gross negligence and to assert claims for damages within one year of the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

9.3 If the customer is an entrepreneur, any recourse claims within the meaning of Section 12 of the Product Liability Act are excluded, unless the person entitled to recourse can prove that the error was caused in our sphere and was at least grossly negligent.

II / 3 Bans on retention and set-off

10.1 Justified complaints entitle customers, the entrepreneurs are not to withhold the invoice amount. Offsetting alleged counterclaims against payment claims is not permitted unless we expressly consent to this.

II / 4 choice of law; Fulfillment and jurisdiction

Austrian law applies to the exclusion of the reference norms and the UN sales law. The place of performance is 4092 Esternberg. The exclusive jurisdiction of the district court for commercial matters or the commercial court in Ried im Innkreis is agreed for disputes arising from or about legal transactions subject to these terms and conditions. This corresponds to the amount in dispute.

 

 

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